(A) Any structure or use of a structure, or use of land lawfully existing upon the effective date of this chapter may be continued at the size and in the manner of operation existing upon the date, notwithstanding the certain classes pursuant to M.S. § 394.36, except as hereinafter specified.
(1) Certain classes of property. This division applies to homestead and non-homestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. If the nonconformity or occupancy is discontinued for a period of more than one year, or any nonconforming building or structure is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged, any subsequent use or occupancy of the land or premises must be a conforming use or occupancy. If a nonconforming building or structure is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of the damage, the Board may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the Shoreland District with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
(B) Nothing in this chapter shall prevent the placing of a structure in a safe condition when the structure is declared unsafe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of fair market value of the structure as shown in the records of the County Assessor.
(C) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to a non-conforming use.
(D) A lawful non-conforming use of a structure or parcel of land may be changed to a similar non- conforming use or to a more restrictive nonconforming use.
(E) Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it can be reconstructed within 12 months after the calamity, unless the damage to the building or structure is 50% or more of its fair market value of the entire nonconforming use, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this chapter.
(F) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of 12 months, any future use of the structure or land shall be in conformity with the provisions of this chapter.
(G) Any lawful non-conforming use of land not involving a structure and any lawful nonconforming use involving a structure with an assessor’s true and full valuation upon the effective date of this chapter of $1,000 or less, may continue for a period of one year from the date of adoption of this chapter, whereupon the non-conforming use shall cease unless brought into conformity.
(H) Any proposed structure which will under this chapter become non-conforming, but for which a building permit has been lawfully granted not more than six months prior to the effective date of this chapter, may be completed in accordance with the approved plans provided construction is started within six months of the effective date of this chapter and continues to completion within two years of that date. The structure shall thereafter be a legally existing non-conforming structure.
(I) Normal maintenance of a building or other structure containing or related to a lawful non- conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
(J) Alterations may be made to a building containing lawful, nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. The bulk of the building may be increased if the Department rules that the increase in bulk will not intensify the non-conformity.
(K) Non-conforming uses which would or could be conforming if they were under the provisions of a conditional use permit, shall file for the permit. Should the permit be denied, a non-conforming use certificate shall be issued by the County Board defining the use, scale and operational limits in detail.
(L) A structure existing on the date of the adoption of this chapter that intrudes upon a required setback may be expanded provided a variance is approved, and the expansion does not decrease the distance between the structure and the applicable lot line.
(M) A residential parcel of land with existing structures on the effective date of this chapter because of its dimensions or because it does not have sufficient road frontage is considered a legal lot. The lot may be expanded provided a variance is approved, and the new lot meets all chapter criteria except the minimum road frontage standard.
(N) Shoreland standards. For shoreland standards, see the Shoreland Overlay District regulations in §§ 152.108 through 152.135.
(O) Floodplain standards. For floodplain standards, see the Floodplain Overlay District regulations in §§ 152.143 through 152.156 of this chapter.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)